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NOW, THEREFORE, Declarant makes this Declaration and hereby declares that this <br /> Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the <br /> Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, <br /> charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or <br /> acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives <br /> and assigns. All features requiring maintenance identified on the scaled site plan for the Property <br /> attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance <br /> with as follows: <br /> 1. WETLAND BUFFER AREAS <br /> a. Buffer vegetation will not be cultivated, cropped, pastured, mowed, fertilized, <br /> subject to the placement of mulch or yard waste, or otherwise disturbed, except <br /> for periodic cutting or burning that promotes the health of the buffer, actions to <br /> address disease or invasive species, mowing for purposes of public safety, <br /> temporary disturbance for placement or repair of buried utilities, or other actions <br /> to maintain or improve buffer quality, each as approved by MCWD staff in <br /> writing. Pesticides and herbicides may be used in accordance with Minnesota <br /> Department of Agriculture rules and guidelines. No new structure or hard surface <br /> will be placed within a buffer, except that construction of a trail or path of no <br /> more than 4 feet in width to provide riparian access through the buffer is <br /> acceptable. No fill, debris or other material will be excavated from or placed <br /> within a buffer. <br /> b. Permanent wetland buffer monuments will be maintained in the locations shown <br /> on the approved site plan. Language shall indicate the purpose of the buffer, <br /> restrictions, and the name and phone number of the Minnehaha Creek Watershed <br /> District. <br /> 2. STORMWATER FACILITIES <br /> a. Stormwater retention and treatment basin(s). Stormwater retention and treatment <br /> basin(s) must be inspected at least once a year to determine if the basin's retention and <br /> treatment characteristics are adequate and continue to perform per design. Culverts and <br /> outfall structures must be inspected at least annually and kept clear of any obstructions or <br /> sediment accumulation. Sediment accumulation must be measured by a method accurate <br /> to within one vertical foot. A storage treatment basin will be considered inadequate if <br /> sediment has decreased the wet storage volume by 50 percent of its original design <br /> volume. Based on this inspection, if the stormwater basin(s) is identified for sediment <br /> 2 <br />